Page:The World as Will and Idea - Schopenhauer, tr. Haldane and Kemp - Volume 1.djvu/490

448 THE WORLD AS WILL. BK. IV. right of punishment. The remaining content of the doctrine of right is mere application of these principles, mere accurate definition of the limits of right and wrong for all possible relations of life, which are consequently united and distributed under certain points of view and titles. In these special doctrines the books which treat of pure law are fairly at one; it is only in the principles that they differ much, for these are always connected with some philosophical system. In connection with our system, we have explained the first four of these principal points shortly and generally, yet definitely and distinctly, and it remains for us to speak in the same way of the right of punishment.

Kant makes the fundamentally false assertion that apart from the state there would be no complete right of property. It follows from our deduction, as given above that even in a state of nature there is property with complete natural, i.e., moral right, which cannot be injured without wrong, but may without wrong be defended to the uttermost. On the other hand, it is certain that apart from the state there is no right of punishment. All right to punish is based upon the positive law alone, which before the offence has determined a punishment for it, the threat of which, as a counter-motive, is intended to outweigh all possible motives for the offence. This positive law is to be regarded as sanctioned and recognised by all the members of the state. It is thus based upon a common contract which the members of the state are in duty bound to fulfil, and thus, on the one hand, to inflict the punishment, and, on the other hand, to endure it; thus the endurance of the punishment may with right be enforced. Consequently the immediate end of punishment is, in the particular case, the fulfilment of the law as a contract. But the one end of the law is deterrence from the infringement of the rights of others. For, in order that every one may be protected from suffering wrong, men have combined to